The judge then vacated Monday's trial date for Levin and co-defendant William Kurt Breunle, 49, after attorney Stephana Femino, who also represents Levin, indicated she would be unable to proceed to trial Monday.

Femino said Davis had initially been retained to be the lead trial attorney with her assisting. She said she has spoken with two other attorneys because Levin wishes to hire a new co-counsel. Femino said the prospective new attorneys would need three months to prepare for trial.

Breunle and Levin face felony charges of murder, kidnapping and witness intimidation for their alleged involvement in a botched home invasion robbery on Azalea Lane in Paradise on Dec. 28, 2008. During that incident, the men and Darrell Leigh Hughes allegedly bound and gagged Eric Jones, 50, which led to Jones' asphyxiation and death. The kidnapping and witness-intimidation charges apply to two other victims at the property.

In August 2011, Hughes pleaded guilty to the charges, except murder, as part of an agreement for his testimony at trial. He also pleaded guilty to an added count of assault with a deadly weapon and was placed on 10 years probation.

The case has been set for trial five times, but problems with the most recent trial dates arose Jan. 11 when Davis and Femino expressed concerns about being able to proceed on Jan. 14. They cited communication problems that led to issues such as defense subpoenas not being sent to witnesses.

At the time, Mosbarger agreed to postpone the trial by two weeks.

Also on Jan. 11, Davis declared a potential conflict because he had previously represented a woman who was Breunle's girlfriend and was present during his arrest on Dec. 29, 2010.*

On Thursday, Davis said he learned more of the woman's involvement in the case in early January, and the conflict only became abundantly clear following a conversation with her on Sunday.

Davis told the court during a Wednesday hearing that he couldn't divulge specifics, but the woman could testify about information that could question the credibility of the defendants, Hughes and other witnesses set to testify.

Supervising deputy district attorney Kurt Worley said he was unhappy with the continuance. He said the prosecution was severely prejudiced by the delays, which he recounted for the court. Worley asked the court to set a contempt hearing to determine if Davis and Femino engaged in misconduct and to consider imposing sanctions.

Breunle's attorney, Jesus Rodriguez, was not named as part of Worley's allegations.

Worley alleged that Davis' and Femino's actions were dilatory or at least negligent. For example, he said the attorneys may have misled the court on Jan. 11 about not submitting defense subpoenas. A private investigator testified he served subpoenas on seven defense witnesses on Jan. 10.

Worley also renewed a request that Davis and Femino reimburse the prosecution for witness costs due to the delays.

Davis responded it was of the utmost importance to preserve the defendants' rights. He said he could've sought sanctions against Worley for allegedly withholding potentially exculpatory evidence.

Davis also said he had a right to respond to Worley's claims, which should be put in some sort of writing.

Mosbarger set a Feb. 5 hearing to select a new trial date and to set the contempt hearing.

Correction, Jan. 30, 2013: The original version of this story incorrectly stated when defendant William Kurt Breunle was arrested in the company of his reported girlfriend. Defense attorney Grady Davis said Wednesday Breunle was initially arrested in a separate case on Dec. 29, 2010. Breunle was in custody when he was charged in the Jones case in June 2011. Return to corrected sentence.